How to object to a risky building determination, where to submit the petition, and what documents are required? The objection authority, deadline, and technical committee process step by step.

For an owner whose building has been identified as a risky structure and who disagrees with this outcome, the most crucial legal tool is an objection to the risky building determination. However, the right to object is subject to strict deadlines and procedural rules; if the application is not made to the correct authority, within the correct period, and with the correct documents, rights may be lost. In this article, we explain step-by-step how to object to a risky building determination.

Where to Object?

The objection must be made to the correct authority. Against a risky building determination, building owners or their legal representatives can object by submitting a petition to the Directorate located where the building is, or to the Administration if authority has been delegated (Implementation Regulation Art. 7/5; Law No. 6306 Art. 3/1). In practice, as authority has been delegated to district municipalities in many places, especially in Istanbul, the objection petition can be submitted to the urban transformation unit of the relevant municipality. Additionally, there are cases where objections can be made via e-Devlet.

Objection Period: 15 Days

The objection period is a preclusive term and must be calculated carefully. An objection to a risky building determination can be made within fifteen days from the last day of the announcement made at the relevant mukhtar’s office (Implementation Regulation Art. 7/5). Therefore, correctly identifying the start and end dates of the mukhtar’s announcement is of great importance; missing the deadline leads to the loss of the right to object. The notification and finalization stages regarding how deadlines operate should also be taken into account.

What Should Be Considered in an Objection Petition?

The objection petition must clearly and concretely state the reasons for the objection. Documents proving that the objector is the owner or rights holder of that structure, an identity document (power of attorney if the transaction is carried out by proxy), and a copy of the notification related to the determination are usually attached to the petition. Whether the objection is made within the period and by the owner of the structure or their legal representative is checked by the Directorate or the Administration; objections not made within the period and objections made by persons other than the owner (or their heirs in case of death of the owner) are not processed (Implementation Regulation Art. 7/5).

What Happens After an Objection?

The objection is examined by the technical committee. Objections made within the period and in due form are examined and decided upon by a technical committee formed with the participation of four faculty members appointed by universities and three persons working in the Ministry/Presidency (Law No. 6306, Art. 3/1). If the technical committee accepts the objection, the risky structure annotation is removed from the land registry; if it rejects, the determination becomes final. For the entire process, the articles on the general framework of the urban transformation process and for the decision phase after the determination becomes final, the articles on how absolute majority is calculated in urban transformation can be examined. For the current text of the legislation, the Legislation Information System should be followed.

Frequently Asked Questions (FAQs)

Where is an objection filed against a risky building determination? An objection is filed with a petition to the Directorate where the building is located, or to the Administration (municipality) if authority has been delegated (Implementation Regulation Art. 7/5).

What is the objection period? It is fifteen days from the last day of the announcement made at the headman’s office (Implementation Regulation Art. 7/5).

Who can file an objection? Building owners or their legal representatives; in case of the owner’s death, their heirs can file an objection (Implementation Regulation Art. 7/5).

What happens when an objection is filed? The objection is examined by a technical committee; if accepted, the risky building designation is removed; if rejected, the determination becomes final (Law No. 6306 Art. 3/1).

Why is Expert Lawyer Support Necessary?

Exercising the right to object depends on factors such as applying to the correct authority, not missing the deadline, and presenting the justifications with concrete technical grounds. An objection made with weak justifications or contrary to procedure may not yield results and may also complicate the subsequent litigation process. Urban transformation is a multi-layered process where administrative law, real estate law, and contract law intersect, and even a single procedural error can lead to significant loss of rights. Therefore, it is of great importance that the objection process is carried out with a lawyer specialized in the field.

2M Law Office (Att. Meryem Günay) as an office, we provide services across Turkey and primarily in Istanbul, where urban transformation is most intense; in Istanbul’s priority transformation districts of Tuzla, Pendik, Kartal, Maltepe, Ümraniye, Ataşehir, Kadıköy, Sancaktepe, and Küçükçekmece, as well as in Kocaeli’s Gebze and Darıca regions. As an Istanbul urban transformation lawyer and a Tuzla urban transformation lawyer, we offer legal support to rights holders in risky building detection and objection processes.